1500milesinlove

Hi, thank you for all of your input. There is no one year ban. There was a follow up interview in which they told him he was denied and needed to fill out the waiver. My question was about the waiver process and what I need to know and should expect in this process. I just wanted to know if any one had experience with this or any recommendations. There was not an admit of usage or any issues with the medical. 

Hello, 

If anyone is willing to shed some light or help, I would really appreciate it. My fiance was denied the k1 application because of marijuana possession from 2014. Nothing went wrong the medical examination or the interview. This was the only problem and they denied him because of that. So now we were advised to proceed with the waiver process. Can anyone give me some advice as to what to expect or what I really NEED to do. 

Thank you in advance. This has been the hardest thing ever. 

1500milesinlove

Hello, 

So he was told he had to fill out the waiver. They reinterviewed him and gave him back his passport and took some western union receipts and some photographs from him. 

Can you tell me what this process is like and I what I need to do to get him through. Ive heard people say waivers dont work. 

I am so glad I am not alone in regards of this not making sense. 

He did not admit to any recent use. I am not sure what he said exactly but he did not admit to using marijuana in his adult life. He was clean months before the exam. Regarding the arrest, it was just that, possession. He was not charged with using it at the time. He truthfully answered the DS160 questionnaire and admitted to his arrest. . Also, please note, there isn't a sufficient record of this arrest. He was in custody for about 4 hours and paid a $100JA (roughly $0.75 USD) fine when he went to court. Since then, the laws in Jamaica surrounding marijuana have changed significantly and they consider this charge to be non existent. (I know the US gov't doesn't feel that way) I only say that because when he was trying to provide the embassy with court documents they initially requested, he could not obtain them. He was told to come back to court house and they still could not produce the record. The same thing happened at the precinct where they held him. He had to go to the Ministry of Justice to provide a letter stating the charge was expunged and so forth. 

The email from the emabassy read " Following the review of Mr. X 's case file,the Consul Officer would like to speak to the applicant again. An appointment date has been scheduled for March xx 2017. 

4 minutes ago, LionessDeon said:

He may have tested clean but did he admit to past use?  Did they ask him the date of his last use?  What does the ceac tracker show today?

I think we talked about this before.

NO! This was the biggest concern - Being labeled a drug addict and being referred to a psychologist. There was no admission to use and again he was completely clean.  The biggest concern of the consular officer, according to him was her inquiry into his arrest. The CEAC says it was updated on Feb 23, but it still reads rejected. 

Thank you for responding.  His medical was done in November and he wouldn't have had any discrepancies with that bc he was completely clean

thanks again for the responses. He stopped smoking months before the medical and there wasn't any problems there i believe. They haven't requested any other documentation. Do you think it would make a difference if I were to go down and go with him to the interview?

Hi everyone. 

Thank you for the positive and realistic responses. I emailed the embassy to ask what is going on and they have asked that he return to the embassy in about 3 weeks for a follow up interview. 

Does anyone know what this is about? 

1 hour ago, LionessDeon said:

When he interviewed did they give him a blue paper?  Was the box on that paper marked "eligible for waiver"?

Just getting married and refiling will arrive at the same outcome.  

 

Since the legalization of marijuana in JA the constabulatory has been allowing expungment of marijuana violations.  However, the DS160 application asks if your have ever been arrested therefore, the expungment doesn't really help.  Also, marijuana has not been legalized in America by federal legislation and immigration is federal.

 

So he interviewed during the week of hurricane Matthew. So his medical exam date was changed to after the interview. He also did not have my tax information at the time of the interview so they told him he had to send in the missing information once he obtained it. He wasn't denied at the interview. I saw the rejection status on the CEAC website. I dont believe he was given anything at the interview... They have had his passport for nearly 3 1/2 months. I have no idea what the hold up is.  For time and hope's sake lets say I am right in assuming that he was denied over the marijuana charge. It was definitely less than the 30 gram threshold, I am assuming it can be waived. I just have no idea what to expect from this waiver process and we're pretty burnt out and traumatized over this. 

I am a US citizen. My fiance is a Jamaican citizen. We applied for a fiance visa in January 2016. We were denied in January 2017. We have been together for almost 5 years. He haven't gotten back the official notice from the embassy as of yet.. I checked the status online on a daily basis and it went from "administrative processing" to "rejected". I can assume it is because of the arrest he had in 2013 for 10-15 grams of marijuana in 2013. The record was expunged, but I am now realizing that doesn't seem to really matter. I am trying to figure out the best next move.  Should we proceed with the waiver. Should we get married and try to apply as spouses. please help.